Aditya Birla Nuvo Ltd. v. Coal India Ltd. & ORS.

19.12.2022 mb W.P.A. No. 4654 of 2016 Grasim Industries Limited Vs.

Coal India Limited & Ors.

Mr. Tauhid Khan, Mr. Suvodip Bhattacharje, Ms. Moumita Bhattacharje ...for the petitioner Mr. Sudhakar Prasad, Mr. N. Banerjee ...for the respondent nos. 1 & 3 Mr. Jishnu Chowdhury, Mr. Arif Ali, Mr. Arnab Sarkar ...for the respondent no. 7 Learned counsel appearing for the parties submit that two connected writ petitions, bearing W.P. No. 8553 (W) of 2015 and W.P. No. 15015 (W) of 2015, were already disposed of finally vide judgment dated August 20, 2019, passed by Debangsu Basak, J. The present challenge has been taken out against a notice dated March 20, 2015, issued by respondent no. 3. The question which arose is, whether the liability of putting in a market fee can be imposed upon the petitioner, that too, retrospectively.

Upon hearing learned counsel for the parties and perusing a server copy of the judgment passed on August 20, 2019 in the previous two writ petitions, it

appears that the present challenge arose from the same notice.

As such, there cannot be any reason for deviating from the outcome of the previous two writ petitions. Accordingly, W.P.A. No. 4654 of 2016 is also dismissed in the light of the judgment dated August 20, 2019, passed in W.P. No. 8553 (W) of 2015 and W.P. No. 15015 (W) of 2015.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)